Mar 19, 2025

Who pays transfer taxes in Illinois the buyer or the seller?

Who Pays Transfer Taxes in Illinois: Buyer or Seller?

When it comes to buying or selling property in Illinois, one of the important costs involved is the real estate transfer tax. This tax is levied when property changes hands and can often cause confusion regarding who is responsible for paying it: the buyer or the seller?


Real Estate Transfer Tax in Illinois

The real estate transfer tax is imposed by the state of Illinois and its municipalities whenever a property is sold or transferred. The tax is based on the selling price of the property, and it is typically paid during the closing process.


Who Typically Pays Transfer Taxes in Illinois?

In most cases, the seller is responsible for paying the transfer tax in Illinois. This is because the seller is the one transferring ownership of the property. However, this can vary slightly depending on the county or municipality, and buyers and sellers may negotiate who will cover the cost.

  • Seller’s Responsibility: Generally, in Illinois, the seller is required to pay the state and county transfer taxes. These taxes are due at the time of closing and are based on the sale price of the property.

  • Buyer’s Responsibility: In certain situations, the buyer may be required to pay a portion or all of the transfer taxes, especially if the parties have agreed to this during negotiations. Some localities also place more responsibility on the buyer, depending on the city or county.


Breakdown of Transfer Tax Responsibilities in Illinois

Transfer Tax

Who Pays

State Transfer Tax

Seller

County Transfer Tax

Seller (typically)

City Transfer Tax

Buyer or Seller (negotiable)


What Are the Rates for Transfer Taxes in Illinois?

The rates for real estate transfer taxes in Illinois vary by location. For example:

  • State Transfer Tax: The state charges a $0.50 tax for every $500 of the sale price.

  • County Transfer Tax: Each county may impose its own tax rate, which is often around $0.25 to $1.00 per $500 of the sale price.

  • City Transfer Tax: For cities like Chicago, the tax rate is $10.50 per $1,000 of the sale price, with the buyer paying $7.50 per $1,000 and the seller paying $3.00 per $1,000.


Can Transfer Taxes Be Negotiated?

While the seller is usually responsible for paying the transfer tax, it’s important to note that buyers and sellers can negotiate this responsibility during the sale agreement. In some cases, the buyer may agree to cover the tax to help the seller close the deal.

  • Negotiation: Transfer taxes can be a point of negotiation between the buyer and seller. For instance, the buyer may offer to cover the transfer tax in exchange for the seller reducing the sale price or providing other concessions.

  • Customary Practices: In many cases, it’s customary for the seller to pay the tax, but this may vary by location or the specifics of the sale.


Why Does the Seller Typically Pay Transfer Taxes in Illinois?

The seller is usually responsible for the transfer taxes because they are the party transferring the property. This is part of the closing process, where the ownership of the property is officially passed from the seller to the buyer. The transfer tax is considered part of the seller's responsibility in completing the transaction.

  • Sellers’ Obligations: The seller’s primary obligation is to ensure the property is transferred legally, and part of this process includes paying for the transfer tax.


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Conclusion: Seller Typically Pays Transfer Taxes in Illinois

In most cases, sellers are responsible for paying the real estate transfer taxes in Illinois. However, this can vary by county, city, and negotiations between the buyer and seller. Understanding your obligations as a seller or buyer can help ensure there are no surprises during the closing process.


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Sources 

  • Illinois Department of Revenue - Real Estate Transfer Tax: Source

  • Cook County Assessor’s Office - Transfer Tax Information: Source

  • Chicago City Tax Guide - Transfer Taxes: Source


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